12-2348 Settlement Agreement - Central Florida Environmental Corporation (CFE)

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RESOLUTION 12-2348 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BETWEEN CENTRAL FLORIDA ENVIRONMENTAL CORPORATION (CFE) AND THE CITY OF CASSELBERRY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Casselberry desires to settle with CFE with regard to the contractual obligations of the parties pertaining to the Land Swap and Credit Agreement ("Contract") relating to the realignment of North Winter Park Drive dated on or about June 27, 2005, and amended on June 26, 2006; and WHEREAS, CFE believes it has claims or causes of action against the City pursuant to the Contract; however, the City denies that it breached any of its contractual obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselberry hereby approves the Settlement Agreement with CFE (attached as Exhibit "A"), and authorizes the Mayor to execute said document on behalf of the City. SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this M day of Fe-bruarw, A.D., 2012. ATTEST: Donna Gardner, City Clerk Charlene Glancy A 6r Mayor/Commissi ner